JUDGMENTS
Civil Appeal No. 3 of 2015
[Appeal purely on fact – trite law that in order to succeed the appellant must demonstrate that the judge’s decision was plainly wrong. In this he failed and appeal dismissed. Cross appeal allowed for interest before judgment on the sum awarded]
Decision date: 17 Nov 2015
Criminal Appeal No. 8 of 2015
[3 years and 10 months imprisonment imposed after plea on 55 year old man without previous convictions for smuggling 7 people into Brunei with the intention of driving them through Brunei. Prosecutor’s appeal and Defendant’s appeal dismissed and sentence of imprisonment upheld. Under s.7(1) of the Trafficking and Property Smuggling Order 2004 a fine is mandatory. Appeal allowed on failure to impose a fine]
Decision date: 12 Nov 2015
Criminal Motion No. 31 of 2015
[3 years and 10 months imprisonment imposed after plea on 55 year old man without previous convictions for smuggling 7 people into Brunei with the intention of driving them through Brunei. Prosecutor’s appeal and Defendant’s appeal dismissed and sentence of imprisonment upheld. Under s.7(1) of the Trafficking and Property Smuggling Order 2004 a fine is mandatory. Appeal allowed on failure to impose a fine]
Decision date: 12 Nov 2015
Criminal Appeal No. 9 of 2015
[Crtminal – sentence -simple possession of 323.7864 grammes of cannabis – plea of guilty at first opportunity – cooperation with NCB after arrest – previous drug convictions no reason to refuse one third discount – proper starting point 9 years, reduced to 6]
Decision date: 12 Nov 2015
Criminal Appeal No. 31 of 2015
[Criminal law – Payment of fine by monthly instalments.]
Decision date: 10 Nov 2015
Criminal Appeal No. 28 of 2015
[Criminal law – Sentence – Outraging modesty.]
Decision date: 9 Nov 2015
Criminal Appeal No. 29 of 2015
[Road Traffic – Sentence – Careless driving – Second offender – Lapse of time between convictions – Disqualification quashed – Section 29 (1) and 29 (2) of the Road Traffic Act.]
Decision date: 22 Oct 2015
Criminal Appeal No. 27 of 2015
[Criminal Procedure and Sentencing – Sentencing – Disqualification Order – Use of car without valid third-party insurance – Whether any “special reasons” warranting exemption from mandatory disqualification – Section 3(2) Motor Vehicle Insurance (Third Party Risk) Cap.90.]
Decision date: 3 Oct 2015
Criminal Appeal No. 10 of 2014
[No new point of law, evidence or procedure – not reportable.]
Decision date: 1 Sep 2015
Criminal Appeal No. 17 of 2015
[Sentence — Driving a motor vehicle without being insured — insurance policy has expired almost 5 months prior to the offence — financial difficulties — special reasons — section 3(1) and 3(2) of the Motor Vehicles Insurance (Third Party Risks) Act, Cap 90 — disqualified from driving a motor vehicle for 12 months.]
Decision date: 19 Aug 2015
Criminal Appeal No. 15 of 2015
[Sentence — Driving a motor vehicle without being insured — insurance policy has expired for more than 1 year prior to the offence — financial difficulties — special reasons — section 3(1) and 3(2) of the Motor Vehicles Insurance (Third Party Risks) Act, Cap 90 — disqualified from driving a motor vehicle for 12 months.]
Decision date: 17 Aug 2015
Criminal Appeal No. 13 of 2015
[Criminal Law & Procedure – Jurisdiction of Courts – Capital Offence – Application for Bail – Section 30(1) of the Misuse of Drugs Act.]
Decision date: 10 Aug 2015
Criminal Appeal No. 14 of 2015
[Criminal law – Obstruction of police officers in the discharge of their duties – Unlawful possession of cigarettes – Appropriate sentence.]
Decision date: 4 Aug 2015
Criminal Appeal No. 12 of 2015
[Road Traffic – Driving without valid insurance – Section 3(2) Motor Vehicle Insurance (Third Party Risk) Cap 90 – Medical emergencies – Appeal against non disqualification.]
Decision date: 27 Jul 2015
Criminal Appeal No. 49 of 2014
[Criminal law – sentence – consumption of Class A controlled drug – section 6(b) of the Misuse of Drugs Act – second or subsequent offender – minimum sentence section 29(3A) of the Misuse of Drugs Act.]
Decision date: 23 Jul 2015
Criminal Appeal No. 41 of 2014
[Criminal law – Misappropriation of property of deceased person – Appropriate sentence.]
Decision date: 30 Jun 2015
Criminal Appeal No. 11 of 2015
[Sentence — Driving a motor vehicle without being insured — insurance policy has expired for 5 days prior to the offence — financial difficulties — special reasons — section 3(1) and 3(2) of the Motor Vehicles Insurance (Third Party Risks) Act, Cap 90 — section 40 of the RTA, Cap 68 — disqualified from driving a Class 3 vehicle for 12 months.]
Decision date: 8 Oct 2025
Criminal Appeal No. 7 of 2015
[Criminal law – Sentence – knowingly have in possession of unexcisable goods – Section 132 and Section 146 of the Excise Order 2006.]
Decision date: 16 Jun 2015
Civil Appeal No. 1 of 2015
[-]
Decision date: 30 May 2015
Criminal Appeal No. 48 of 2014
[Criminal Case – Appeals against sentence, causing hurt (section 323 of the Penal Code) – guilty plea – appropriate sentence.]
Decision date: 28 May 2015
Civil Appeal No. 10 of 2014
[-]
Decision date: 28 May 2015
Civil Appeal No. 15 of 2014
[-]
Decision date: 28 May 2015
Criminal Appeal No. 5 of 2015
Criminal Appeal No. 3 of 2015
[Appeal against conviction under s.7(1) Trafficking and Smuggling Persons Order 2004. Meaning of ‘unlawful entry’ considered. Appeal dismissed. Cross Appeals by Public Prosecutor on Sentence. Consideration of “s.20 Penalties to be cumulative.” Appeal allowed. Additional fine imposed]
Decision date: 28 May 2015
Criminal Appeal No. 1 of 2015
[Appeal against conviction under s.7(1) Trafficking and Smuggling Persons Order 2004. Meaning of ‘unlawful entry’ considered. Appeal dismissed. Cross Appeals by Public Prosecutor on Sentence. Consideration of “s.20 Penalties to be cumulative.” Appeal allowed. Additional fine imposed]
Decision date: 28 May 2015
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